? for sidewinder about CA

[medicgrrl]

Sidewinder,

You just posted on another thread that if a CA can't DV then they can't sell the account to another CA and the OC probably won't take the account back since it is sold.

I have 2 CO's that were sold to a JDB.  The JDB had their license revoked in my state.  Can the JDB sell these accounts without my ever getting a chance to DV with them?  If they place on my CR then can I DV, which at that point they wouldn't be allowed to respond because it would be an attempt to collect a debt which would be illegal in my state?  I am just trying to figure out where I stand on these accounts and what my options are.  Wondering if I should just go ahead and DV now and try to prevent them from selling the accounts.

Thanks!!

[Anonymous]

IMO, replying to a DV is not an attempt to collect a debt.

FDCPA states that when a consumer requests debt validation the CA shall cease collection activity until they validate. Selling a debt, transfering a debt, assigning a debt to another CA is collection activity-- what other reason would they do such action if not to collect?

[medicgrrl]

The reason I said it was an attempt to collect a debt is due to that verbage being on everything so I thought maybe it would be considered an attempt since they put it in writing.

Any suggestions on how I should handle these accounts?  They were just sold on 4/13.  Should I just leave it alone until someone attempts collection?  These are the last 2 unpaid items and I am just not sure what to do *sigh*

[Anonymous]

Do you agree that you owe them and agree with the amounts?

Can you try to negotiate a pay for not reporting?

[medicgrrl]

They have quadrupled the amount owed.  Right now I just want to keep them off my credit report for a couple of months.  I am just confused on how exactly state law applies to FDCPA and reporting etc.  I don't think they will send me a dunning letter since they have had their license revoked here.  I would like to payoff by the end of the year but right now I can't.  I guess I am just trying to find a loophole to keep them off my credit report due to their licensing status.

[Anonymous]

If they aren't licensed in your state, then I don't think they can report. FTC says reporting is collection activity.

If they attempt to collect and violate state law, you'd have to file a complaint with your AG. They will be violating state law, not FDCPA.

[medicgrrl]

It is all so intertwined!  I was hoping that they couldn't report.  I just need more time to get more money together.  I paid off all the other CA's but am out of money for now.

Thanks for your help!!

[nothingman02]

I only came across this during a quick read. Hope someone will verify or I will try to tomorrow. But here goes nevertheless...

CA has a PP to report/update based on the fact that  - the transaction is initiated by the consumer.

(There are some rare cases where the consumer would not initiate a transaction and would not be extended any credit but thats not pertinent. And whether they have permission to do a hard is also a different story as well).

Now,

In such a scenario, as per FCRA 615(b)(2)(B), the CA has a duty to report to the consumer about the adverse action as per FCRA603k1Bii is my understanding. So basicaly, the CA has to inform the consumer if they place the a/c on the consumer's CBR. This could be construed as initial contact by the CA and they would have to send you a dunning letter within 5 days of that. Once they do that and you DO NOT do a timely DV, they can sell the a/c to another CA/JDB. 

But if there never has been any communication by the CA, then the CA can very well sell the debt.

But again, I will have to read up on the above FCRA law tomorrow.  I gottarun now imafraid.

[Anonymous]

Hi---Where do we find out if GA are licensed in our state?

thanks---for always helping.

[Anonymous]

PP only applies to doing inquiries, not reporting or updating.

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nothingman02 wrote:

I only came across this during a quick read. Hope someone will verify or I will try to tomorrow. But here goes nevertheless...

CA has a PP to report/update based on the fact that  - the transaction is initiated by the consumer.

(There are some rare cases where the consumer would not initiate a transaction and would not be extended any credit but thats not pertinent. And whether they have permission to do a hard is also a different story as well).

Now,

In such a scenario, as per FCRA 615(b)(2)(B), the CA has a duty to report to the consumer about the adverse action as per FCRA603k1Bii is my understanding. So basicaly, the CA has to inform the consumer if they place the a/c on the consumer's CBR. This could be construed as initial contact by the CA and they would have to send you a dunning letter within 5 days of that. Once they do that and you DO NOT do a timely DV, they can sell the a/c to another CA/JDB. 

But if there never has been any communication by the CA, then the CA can very well sell the debt.

But again, I will have to read up on the above FCRA law tomorrow.  I gottarun now imafraid.

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